Monday, 16 December 2013

Atuche seeks dismissal of N25.7b theft charge

A Lagos High Court, Ikeja will rule today December 16 on an application by a former Managing Director of defunct BankPHB, Mr. Francis Atuche seeking to dismiss the N25.7billion theft charge against him and his wife, Elizabeth, for lack of jurisdiction.
Atuche hinged his request on the decision of the Appeal Court, which struck out a theft charge against former Managing Director of Fin Bank Okey Nwosu, that was pending before an Ikeja High Court for lack of jurisdiction.

The Appeal Court struck out the Charge against Nwosu because there are similar charges of stealing pending before the Federal and state High Courts.
The appellate court also ruled that the two charges, even though they alleged stealing, related to the capital market, which is on item in the exclusive list of the Federal Legislature.
It held that the state high court lacked jurisdiction to entertain the charges, which are within the exclusive jurisdiction of the Federal High Court.
In line with the decision, Atuche and his wife, who are being prosecuted alongside a former Chief Financial Officer of the bank, Ugo Anyanwu, over alleged N25.7 billion theft by the Economic and Financial Crimes Commission (EFCC), are asking the high court to decline the charge.
In a November 29 motion on notice brought pursuant to Sections 6 (6), 230-248, 270-274 and 287(2) of the Constitution, the defendants submitted that the subject matter of the charge against them revolves around the issue of acquisition of shares as disclosed in all the 27 counts charge.
They also argued that the control of issue of shares is Item 12 on the Exclusive Legislative list of the 1999 constitution and same is exclusive to the jurisdiction of the Federal High Court by virtue of Section 251(1) of the 1999 constitution and section 7 (3) of the Federal High Court Act, 2004 Cap F12.
At the last hearing, the applicants contended in the motion filed by their counsel, Chief Anthony Idigbe (SAN) and supported with a four-paragraph affidavit deposed to by one, Martins Nwankwo, that the Lagos High Court does not have the power and jurisdiction to review and make judicial pronouncements on most of the exhibits tendered so far; the exhibits being subject of Item12 of the Exclusive legislative list .
Atuche further contended that the court cannot reach a fair, just and whole decision at the end of the trial without considering the Exhibits bordering on capital market issues upon which the court lacks jurisdiction to adjudicate by virtue of the 1999 constitution.
•But the prosecution, in their notice of preliminary objection to the motion filed by Kemi Pinheiro (SAN) urged the court to dismiss in limine ( from beginning) for being scandalous, frivolous and vexatious.
The EFCC in the motion filed December 3, also contended that the plaintiffs were gambling with the process of the court contrary to the supreme court decision in Abubakar v. Yar’adua, (2008) 4 NWLR (Pt.1120).
The trial judge, Justice Lateefat Okunnu, has adjourned further hearing in the matter till today December 16.

Aregbesola urges lawyers to improve justice delivery at the Sapara Williams Memorial Law Library Inaguration

Osun State Governor Rauf Aregbesola has urged lawyers to improve justice delivery through more research.
Speaking at the inauguration of the Sapara Williams Memorial Law Library, which cost about N19 million, the governor said it was built to immortalise an icon who promoted legal education.

Aregbesola, who described the library as the best in the country, said a lawyer’s success depended not necessarily on how brilliant he is, but on the depth of his research.
“Law is about the only profession you can not practice without constant reading,” he said.
He said the lawyer that does more research wins more cases, but can only be sound when he has facilities for research.
Aregbesola said the Sapara William Law library is, therefore, a legal resource centre established to aid lawyers, students and legal scholars.
He said the dedication of the library to the memory of the late lawyer is necessary because “the iconic stature of Sapara Williams in the history of Nigerian law and politics is well worth more than what the state has been able to do in his honour”.
He said the deceased belonged to the same league of great Nigerians as the late Herbert Macaulay and others.
Aregbesola urged lawyers in the state to make the best use of the facility to the advantage of the law profession.
Earlier, thes Attorney- General and Commissioner for Justice, Wale Afolabi, lauded the efforts of the governor in for making lawyers’ job easy in the state.
While pointing out that the governor has made sufficient funds available to stock the library with good books, the commissioner said the governor had bought four brand new buses and an industrial Mikano generator to aid the smooth running of activities in the Ministry of Justice.
Those in attendance include Justice Adebisi Ogunlade, who represented the Chief Judge Justice Adepele Ojo; the Permanent Secretary in the Ministry and Solicitor-General, Mrs. Abiola Adewemimo, among others

Yoruba Lawyers Association Adopts Adesina for NBA president

Branch chairmen of Yoruba Lawyers Association, the Egbe Amofin, in Akure, Ondo State adopted Mr. Dele Adesina (SAN) as the presidential standard bearer in the 2014 Nigerian Bar Association (NBA) elections.

But the group’s Secretary, Mr. Ranti Ajeleti is kicking against Adesina’s adoption.
It is the turn of the Egbe to produce the Bar President to succeed Okey Wali (SAN). Some prominent members of the association have shown interest in the job.
Adesina was adopted at a meeting in Akure, Ondo State on Saturday 7th december. About 20 branches, including 15 branch chairmen and secretaries, representatives of the other branches, benchers, SANs, Attorneys-General and over 200 members of the association endorsed Adesina for the plum job.
They noted that Adesina has the highest number of endorsement letters from the branches, adding that he is the most qualified to fly the flag in the election.
The meeting also set up a steering committee to pilot the group’s affairs pending the ratification of its draft constitution at its general meeting slated for February 1, next year.
Ajeleti is contending that only eight branch chairmen and four SANs were at the meeting, adding that this number is inadequate “to do a binding adoption of any candidate for the election.”
Ajeleti said the group would meet in January to conclude discussions on the adoption of candidates for the election.
He queried the validity of such adoption without the report of the Duro Adeleye-led committee set up by the group. “Where is the report of the committee?” he asked.

Court fixes Feb. 7 for report of settlement in bankruptcy suit

Justice James Tsoho of the Federal High Court in Lagos has fixed February 7 for report of settlement in a bankruptcy suit which Sterling Bank Plc filed against an engineer, Mr. Femi Omotayo.
He was joined in the suit along with A.O.S International (Oil and Gas) Ltd and A.O. S. Orwell Ltd as debtors.

His lawyer Wemimo Ogunde (SAN) told the judge of their intention to settle out of court with the bank.
Sterling Bank had urged the court to declare Omotayo bankrupt for allegedly owing it about N584million.
The court said it will hear pending applications in the suit on February 7 should the settlement talks fail.
Omotayo was said to be the Managing Director and a majority shareholder in A.O.S Orwell Ltd, which merged with A.O. S. International (Oil and Gas) Ltd.
The bank claimed that the engineer made a personal guarantee for the loan which was applied for and granted to QED International (Oil and Gas) Nigeria Ltd in 2006.
A supporting affidavit attached to the petition, which was deposed to by Mr Omotayo, stated: “The debtor is justly and truly indebted to the creditor in the sum of N584,548,973.09 as at June 26, 2012 by virtue of the loan facility personally guaranteed by the debtor.”
The bank, through its counsel Mr. O. A. Alao, alleged that despite the extension and restructuring of the facilities, Omotayo “failed, refused and/or neglected to liquidate his indebtedness to the creditor/applicant”.
The bank sought an interlocutory order of court to appoint a nominee, or in the alternative, choose the court’s Chief Registrar to take charge of the respondents’ assets.
The applicant also sought an “order of preservative injunction” restraining the defendants and their agents from transferring, tampering or dissipating their assets.
The assets, which are mainly landed property, are located at 1, Fola Jinadu Crescent, Gbagada, Phase 1, Lagos; 58, Raymond Njoku Street, Southwest Ikoyi, Lagos; 17/19 Bolaji Banwo Street, Aguda, Surulere, Lagos and 34A, Warehouse Road Apapa, Lagos.
Meanwhile, Omotayo has filed a preliminary objection to the suit, claiming that he did not commit any act of bankruptcy.
Mr. Oluwaseun Olaleke, in a supporting affidavit, stated: “The prayers being sought by the creditor in its motion dated July 25, are the same as those in its earlier motion dated May 10, which this court had refused on July 12.”

Lawyer, passenger found dead in car with engine running in Asaba

According to a report by Eagle Online, a lawyer and another man were found dead in a Toyota Camry car with registration number FGG 931 AE, at the popular Inter-Bau round-about in Asaba Delta State on Thursday December 12th.


The lawyer and the passenger were said to be returning from a court session when they suddenly started foaming in the mouth and nose in the air-conditioned car. They were dead within minutes according to eye witnesses.

Explaining the mystery behind the deaths, a source said he believes the men were poisoned.
“They must have inhaled a poisonous substance thrown into their car from where they were coming from. If not, how would they have died inside the car they were riding in?”
The identity of the lawyer and the passenger, believed to be a bricklayer, have not been confirmed. Their bodies have been deposited at the Federal Medical Center, in Asaba.

Bode George judgement unfortunate….EFCC

The Economic and Financial Crimes Commission note with concern two separate decisions by court on December 13, 2013 in cases investigated by the Commission. The first was the acquittal of former Chairman of the Nigerian Ports Authority, Chief Olabode George and five others by the Supreme Court. The other was the acquittal of former Minister of the Federal Capital Territory, Mallam Nasir el-Rufai and two other by a Federal Capital Territory High Court.


Without going into the merit or otherwise of the Supreme court ruling, it is unfortunate that the apex court disagreed with the decision of the two lower courts- the Lagos High Court and the Court of Appeal- which upheld the conviction of the accused persons based on the evidence presented by the Commission.
While this turn of event is saddening, the Commission as a law abiding institution always respected judicial pronouncements and this will be no different.
On El- Rufai and others, the trial judge, Justice Sadiq Umar believes the Commission failed to establish a prima facie case against the accused persons. This is against the weight of the evidence presented by the Commission in court. Consequently, the EFCC has resolved to pursue an appeal against the ruling at the Court of Appeal.
EFCC